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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....ate Division (Civil) Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..............rim, Advocate with him) instructed by Mvi Md Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 46 of 2008. (From the judgment and order dated 6-2-2008 passed by the High Court Division in Writ Petition No. 6576 of 2007). Judgm..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary ......—For the Appellant. Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 50 of 2004. (From the order dated 27-5-2003 passed by the High Court Division in Writ Petition No.2975 of 2003). ..

Category: Constitutional Law | Date: | Hits: 124

A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)

....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ......tructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by the High Court Division in First Appeal No. 375 of 1998) Ju..

Category: Property Law | Date: | Hits: 41

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......ate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—The Respondents. Civil Appeal No. 15 of 2000. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Civil Revision No. 562 of 1997). ..

Category: Civil Law | Date: | Hits: 111

Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)

....this Court which, on review, was subsequently reversed………..(7)  Cases Referred To- Collector of Customs vs. A Hannan 42 DLR (AD) 167; Mostafizur Rahman vs. Government of Bangladesh 51 DLR (AD) 41; Bangladesh vs. Mizanur Rahman 52 DLR (AD) 149. La......bsp;                            (From the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510  of 1993).&n..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)

.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... ABM Nurul Islam. Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respon­dents. Civil Appeal No. 215 of 2000. (From the judgment and order dated 29-10-1998 passed by the High Court Division in Writ Petition No. 2490 of 1990). ..

Category: Labour and Industrial Law | Date: | Hits: 83

Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)

....….Appellants Vs Md. Zahangir Alam & others .................Respondents Judgment January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part......, (In Civil Appeal No. 185 of 2005). Not represented—Respondent Nos. 6-7. (In Civil Appeal No. 184 of 2005). Civil Appeal Nos. 184-185 of 2005. (From the judgment and order dated 4-1 -2005 passed by the High Court Division in Writ Petition No. 1463 of 2004). ..

Category: Others | Date: | Hits: 88

Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

....Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 199...... Hossain QC, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents (In Criminal Appeal No. 6 of 2008). Criminal Appeal Nos. 5 & 6 of 2008. (From the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal Nos. 3742 and 4813 of 20..

Category: Anti-Corruption Laws | Date: | Hits: 219

Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)

.... plaintiffs 1-8 is valid and legal. 3. The plaintiffs' case, inter alia, is that Thakur­bari Junior Secondary Girls School was established in the year 1988 and it was recognised by the Government on 13-10-1992. The defendants ille­gally constituted the Managing Committee headed ......ed by Zahirul Islam, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 2 & 4-19. Civil Appeal No.158 of 2002. (From the judgment and order dated 24-11-1988 passed by the High Court Division in Civil Revision No. 4520 of 1997). ..

Category: Civil Law | Date: | Hits: 110

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....zable offences punishable under the Penal Code and other penal laws of the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another ......puty Attorney General with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Criminal Appeal Nos. 24 & 25 of 1999. (From the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of ..

Category: Criminal Law | Date: | Hits: 79

State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)

.... the First Information Report but in fact the said reason appears to be false. He further submits that during the time of alleged occurrence no political party was in power and a neutral Care Taker Government was in power and as such there was no reason for refusal of the police to reg­ister ......in Mahmud, Senior Advocate (Rafiqul Islam Mia, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondent Criminal Appeal No.21 of 2003 (From the judgment and order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No.8896 of..

Category: Criminal Law | Date: | Hits: 71

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......gh Court Division and the lower appellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 42

Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)

....) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh rep­resented by the Secretary, Ministry of S......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 79

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....pondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Pakistan, PLD 1989 Karachi 621; Collector of Customs, Kasmir Vs. M/s. the New Electro......, 877-880, 1416-1420, 1390, 109, 1099, 1352-1357 of 2002, and 135-138, 289, 765, 868, 288, 620 of 2003 and 214-218 of 2004). Civil Appeal Nos.76 & 77 of 1994 (From the judgment and order dated 15th August 1994 passed by the High Court Division in Writ Petition No. 1104 and 1152 ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....the year 1965 said Rama Proshad transferred the said land in favour of Sudhir Chandra Das and accordingly he constructed dwelling house thereon and died in the year 1994; in the year 1964 the then Government requisitioned the suit land for the business of country made wine; that against whereof ......udgment:                   Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 di..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

....ellip;………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondent...... filed against the judgment of the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment and order of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order ..

Category: Civil Law | Date: | Hits: 106

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 passed by the High Court Division in Civil Revision No. 3948 of 2002) ..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ..

Category: Property Law | Date: | Hits: 31

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

....ivil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others..................Respondents Judgment August......ahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated 14-12-2000 passed by the Administrative Tribunal in Appeal No. 51 of 1998). Judg..

Category: Administrative Law | Date: | Hits: 132

Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....itional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the ...... by Sufia Khatun, Advocate-on-Record— For the Appellants. AKM Shahidul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No.135 of 2004 (From the judgment and order dated 23rd March, 2002 passed by the High Court Division in Writ Petition No.1265 of 2000) ..

Category: Business or Commercial Law | Date: | Hits: 99